Tuesday, February 17, 2009

Opinion: A Small, Necessary, Legal Change For National Cybersecurity

I loved being a firefighter. In what other job do you get to speed around running red lights, chops someone’s door down with an axe, pull down their ceiling, rip down their walls, cut holes in their roof with a chainsaw, soak everything they own with water, and then have them stop by the office a few days later to give you the cookies they baked for you.

Now, if you try and do any of those things when you’re off duty and the house isn’t on fire, you tend to go to jail. But on duty and on fire? The police will arrest the homeowner if they get in your way.

Society has long accepted that there are times when the public interest outweighs even the most fundamental private rights. Thus I think it is long past time we applied this principle to cybersecurity and authorized appropriate intervention in support of national (and international) security.

One of the major problems we have in cybersecurity today is that the vulnerabilities of the many are the vulnerabilities of everyone. All those little unpatched home systems out there are the digital equivalent of burning houses in crowded neighborhoods. Actually, it’s probably closer to a mosquito-infested pool an owner neglects to maintain. Whatever analogy you want to use, in all cases it’s something that, if it were the physical world, someone would come to legally take care of, even if the owner tried to stop them.